38 U.S.C. § 3671 — Designation

Page 806 TITLE 38—VETERANS’ BENEFITS § 3605 time basis in a program of education and was re- ceiving educational assistance under chapter 33 of this title or subsistence allowance under chapter 31 of this title, and for whom the Sec- retary makes a determination under subsection (b), the individual shall be treated as an indi- vidual enrolled in a program of education on a full-time basis for the purpose of calculating monthly housing stipends payable under chapter 33 of this title, or subsistence allowance payable under chapter 31 of this title, for any month the individual is enrolled in the program of edu- cation on a part-time basis to complete any course of education that was partially or fully canceled by reason of the emergency situation. (g) NOTICE OF CLOSURES.—Not later than five business days after the date on which the Sec- retary receives notice that an educational insti- tution will close or is closed by reason of an emergency situation, the Secretary shall pro- vide to each individual who is enrolled in a course or program of education at such edu- cational institution using entitlement to edu- cational assistance under chapter 30, 31, 32, 33, or 35 of this title, or chapter 1606 of title 10 no- tice of— (1) such closure and the date of such closure; and (2) the effect of such closure on the individ- ual’s entitlement to educational assistance pursuant to this section. (Added Pub. L. 117–333, § 2(a)(2), Jan. 5, 2023, 136 Stat. 6123.) § 3605. Payment of educational assistance in cases of withdrawal (a) IN GENERAL.—In the case of any individual who withdraws from a program of education or training, other than a program by correspond- ence, in an educational institution under chap- ter 31, 34, or 35 of this title for a covered reason during the period of an emergency situation, the Secretary shall find mitigating circumstances for purposes of section 3680(a)(1)(C)(ii) of this title. (b) COVERED REASON.—In this section, the term ‘‘covered reason’’ means any reason re- lated to an emergency situation, including— (1) illness, quarantine, or social distancing requirements; (2) issues associated with accessibility; (3) access or availability of childcare; (4) providing care for a family member or co- habitants; (5) change of location or residence due to the emergency situation or associated school clo- sures; (6) employment changes or financial hard- ship; and (7) issues associated with changes in format or medium of instruction. (Added Pub. L. 117–333, § 2(a)(2), Jan. 5, 2023, 136 Stat. 6125.) SUBCHAPTER II—STATE APPROVING AGENCIES Editorial Notes PRIOR PROVISIONS A prior subchapter II of this chapter was redesignated as subchapter III of this chapter by Pub. L. 117–333, § 2(a)(1), Jan. 5, 2023, 136 Stat. 6122. AMENDMENTS 2023—Pub. L. 117–333, § 2(a)(1), Jan. 5, 2023, 136 Stat. 6122, redesignated subchapter I of this chapter as this subchapter. § 3670. Scope of approval (a) A course approved under and for the pur- poses of this chapter shall be deemed approved for the purposes of chapters 34 and 35 of this title. (b) Any course approved under chapter 33 of this title, prior to February 1, 1965, under sub- chapter VII of chapter 35 of this title, prior to March 3, 1966, and not disapproved under section 3483, section 1656 (as in effect prior to February 1, 1965), or section 3679 of this title, shall be deemed approved for the purposes of this chap- ter. (Added Pub. L. 89–358, § 3(a)(5), Mar. 3, 1966, 80 Stat. 20, § 1770; amended Pub. L. 92–540, title IV, § 403(1), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 97–295, § 4(49), Oct. 12, 1982, 96 Stat. 1308; renumbered § 3670 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes REFERENCES IN TEXT Chapter 33 of this title, prior to February 1, 1965, re- ferred to in subsec. (b), means Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1174 to 1192, which was classified to sec- tions 1601, 1610 to 1613, 1620 to 1626, 1631 to 1634, 1641 to 1645, 1651 to 1656, and 1661 to 1669 of this title, and was repealed by section 4(a) of Pub. L. 89–358. Subchapter VII of chapter 35 of this title, prior to March 3, 1966, referred to in subsec. (b), means Pub. L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 158 to 162, which was classified to sections 1771 to 1778 of this title, and was redesignated as subchapter I of this chapter by section 3(a)(4) of Pub. L. 89–358. Section 1656 of this title, as in effect prior to Feb- ruary 1, 1965, referred to in subsec. (b), is Pub. L. 85–857, § 1656, Sept. 2, 1958, 72 Stat. 1189, which was repealed by section 4(a) of Pub. L. 89–358, and is covered by section 3679 of this title. AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 1770 of this title as this section. Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3483’’ for ‘‘1683’’ and ‘‘3679’’ for ‘‘1779’’. 1982—Subsec. (b). Pub. L. 97–295 substituted ‘‘March 3, 1966’’ and ‘‘section 1779’’ for ‘‘the date of enactment of this chapter’’ and ‘‘section 1778’’, respectively. 1972—Subsec. (b). Pub. L. 92–540 substituted ‘‘1683’’ for ‘‘1686’’. § 3671. Designation (a) Unless otherwise established by the law of the State concerned, the chief executive of each State is requested to create or designate a State department or agency as the ‘‘State approving agency’’ for such State for the purposes of this chapter and chapters 34 and 35 of this title. (b)(1) If any State fails or declines to create or designate a State approving agency, or fails to enter into an agreement under section 3674(a), the provisions of this chapter which refer to the State approving agency shall, with respect to such State, be deemed to refer to the Secretary. (2) Except as otherwise provided in this chap- ter, in the case of courses subject to approval by the Secretary under section 3672 of this title, the Page 807 TITLE 38—VETERANS’ BENEFITS § 3672 provisions of this chapter which refer to a State approving agency shall be deemed to refer to the Secretary. (c) The Secretary may not recognize a State department or agency as the State approving agency for a State for purposes of this chapter if such department or agency is administered at, or colocated with, a university or university system that offers courses or programs of edu- cation that are subject to approval under this chapter by the State approving agency for that State. (Added Pub. L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 158, § 1771; amended Pub. L. 89–358, § 3(a)(6), Mar. 3, 1966, 80 Stat. 20; Pub. L. 92–540, title IV, § 403(2), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 94–502, title V, § 513(a)(1), Oct. 15, 1976, 90 Stat. 2402; Pub. L. 100–323, § 13(b)(4), May 20, 1988, 102 Stat. 573; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3671 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 111–377, title II, § 203(a)(2)(B), Jan. 4, 2011, 124 Stat. 4125; Pub. L. 116–315, title I, § 1024(a), Jan. 5, 2021, 134 Stat. 4960; Pub. L. 117–16, § 4, June 8, 2021, 135 Stat. 283.) Editorial Notes AMENDMENTS 2021—Subsec. (c). Pub. L. 116–315, as amended by Pub. L. 117–16, added subsec. (c). 2011—Subsec. (b)(2). Pub. L. 111–377 substituted ‘‘Ex- cept as otherwise provided in this chapter, in the case’’ for ‘‘In the case’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1771 of this title as this section. Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3674(a)’’ for ‘‘1774(a)’’ in par. (1) and ‘‘3672’’ for ‘‘1772’’ in par. (2). 1989—Subsec. (b). Pub. L. 101–237 substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ wherever appearing. 1988—Subsec. (b)(1). Pub. L. 100–323 inserted ‘‘or fails to enter into an agreement under section 1774(a),’’ after ‘‘State approving agency,’’. 1976—Subsec. (a). Pub. L. 94–502 substituted ‘‘such’’ for ‘‘his’’. 1972—Subsec. (a). Pub. L. 92–540 inserted ‘‘this chapter and’’ after ‘‘purposes of’’. 1966—Subsec. (a). Pub. L. 89–358 substituted ‘‘chapters 34 and 35 of this title’’ for ‘‘this chapter after the date for the expiration of all education and training pro- vided in chapter 33 of this title. Such agency may be the agency designated or created in accordance with section 1641 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116–315, title I, § 1024(b), Jan. 5, 2021, 134 Stat. 4960, as amended by Pub. L. 117–16, § 4, June 8, 2021, 135 Stat. 283, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on the date that is one year after the date of the enact- ment of this Act [Jan. 5, 2021].’’ EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 111–377 effective Aug. 1, 2011, see section 203(e) of Pub. L. 111–377, set out as a note under section 3034 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effec- tive Date note under section 3693 of this title. § 3672. Approval of courses (a) An eligible person or veteran shall receive the benefits of this chapter and chapters 34 and 35 of this title while enrolled in a course of edu- cation offered by an educational institution only if (1) such course is approved as provided in this chapter and chapters 34 and 35 of this title by the State approving agency for the State where such educational institution is located, or by the Secretary, or (2) such course is approved (A) for the enrollment of the particular indi- vidual under the provisions of section 3536 of this title or (B) for special restorative training under subchapter V of chapter 35 of this title. Approval of courses by State approving agencies shall be in accordance with the provisions of this chapter and chapters 34 and 35 of this title and such other regulations and policies as the State approving agency may adopt. Each State approving agency shall furnish the Secretary with a current list of educational institutions specifying courses which it has approved, and, in addition to such list, it shall furnish such other information to the Secretary as it and the Sec- retary may determine to be necessary to carry out the purposes of this chapter and chapters 34 and 35 of this title. Each State approving agency shall notify the Secretary of the disapproval of any course previously approved and shall set forth the reasons for such disapproval. (b)(1) The Secretary shall be responsible for the approval of courses of education offered by any agency of the Federal Government author- ized under other laws to supervise such edu- cation. The Secretary may approve any course in any other educational institution in accord- ance with the provisions of this chapter and chapters 34 and 35 of this title. (2)(A) Subject to sections 3675(b)(1) and (b)(2), 3680A, 3684, and 3696 of this title, a program of education is deemed to be approved for purposes of this chapter if a State approving agency, or the Secretary when acting in the role of a State approving agency, determines that the program is one of the following programs: (i) Except as provided in subparagraph (C) or (D), an accredited standard college degree pro- gram offered at a public or not-for-profit pro- prietary educational institution that— (I) is accredited by an agency or associa- tion recognized for that purpose by the Sec- retary of Education; and (II) is approved and participates in a pro- gram under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), unless the Secretary has waived the requirement to participate in a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). (ii) A flight training course approved by the Federal Aviation Administration that is of- fered by a certified pilot school that possesses a valid Federal Aviation Administration pilot school certificate. (iii) An apprenticeship program registered with the Office of Apprenticeship (OA) of the Employment Training Administration of the Department of Labor or a State apprentice- ship agency recognized by the Office of Ap- prenticeship pursuant to the Act of August 16,